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Jackson County will not back down on invocation lawsuit, board kills new proposed policy

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In a matter of seconds, the proposed invocation policy that could have changed the way prayers are conducted at county board meetings, was killed.
This means the county will continue to fight the legal battle with Jackson County resident Peter Bormuth who sued the county Aug. 30 in federal court arguing the prayer, led by board members, violates the U.S. Constitution.
(MLive.com File Photo)

Jackson County, when sued, typically reverts to mediation and settlement in an effort to cut down on legal costs. But this time, the county will stand its ground.

“We will continue to defend ourselves as we must do,” Jackson County Administrator Michael Overton said.

Commissioner Carl Rice Jr. agreed. He has been the most outspoken board member on the issue.

“I hear of legal costs…but we need to stand up and fight this lawsuit,” Rice said. “I will not support lying down on the rights of the people I represent with false claims and false allegations,” Rice said.

At the 12 p.m. Monday, Dec. 9, Personnel and Finance meeting committee Chairman Phil Duckham asked members if they would support sending the county administrator’s proposed policy to the full board for a vote, but not one commissioner spoke up. Under the proposed policy, local clergy would be invited to conduct the invocation.

“I tried to bring it to a vote but no one gave me a motion,” Duckham said.

As a result, the issue is dead.

While the county board of commissioners most likely will continue to lead the prayer, individual commissioners were vague in saying if they would continue to end the prayer with “in the name of Jesus Christ, Amen.”

Traditionally, the invocation rotates through the board. As in the past, local clergy will most likely be invited to conduct the prayer at the 5 p.m. Dec. 17 board meeting, Board Chairman James "Steve" Shotwell said. The board has a practice of inviting local clergy to conduct the prayer at the last meeting of the year.

The county does not have an invocation policy, but Overton said any changes from the past practices would have to be brought to him, as well as the full board.

If the case goes to a full jury trial, Overton said it could cost the county between $20,000 to $40,000.

The case might not make it to a jury trial as Bormuth said he plans to file for a summary judgment.

“I will ask the presiding Court for an immediate and permanent injunction preventing this sectarian, unconstitutional, and reprehensible practice,” Bormuth said in an email.

“These sectarian invocation/prayers led by elected government officials in the course of their public duties align the county of Jackson with a single faith, are deliberate religious coercion of the worst possible kind affecting young impressionable minds, violate the intentions of our Founders, and are clearly unconstitutional,” Bormuth said.

In the initial complaint, Bormuth sought an immediate emergency injunction from the court to stop the prayers made in “the name of Jesus Christ,” according to the suit.

“As a Pagan and Druid, the plaintiff is not willing to honor the religion of Jesus Christ which has caused so much destruction and harm on this planet,” the suit says.